Full Text of HB4795 96th General Assembly
HB4795 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4795
Introduced 1/12/2010, by Rep. Lou Lang SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/3-15 new |
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235 ILCS 5/3-16 new |
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235 ILCS 5/6-2 |
from Ch. 43, par. 120 |
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Amends the Liquor Control Act. Supersedes Executive Order No. 2003-9 with respect to (1) the transfer of certain employees and resources from the State Liquor Control Commission to the Department of Revenue, and (2) the appointment of the Secretary and Executive Director of the State Commission by the Governor. Beginning July 1, 2010, moves the affected employees and positions back to the State Commission. Provides that the status and rights of the transferred employees shall remain unchanged by the transfer. Also transfers related resources, property, rules, and unexpended appropriations and balances back to the State Commission. Provides that the Secretary and Executive Director of the State Commission shall again be appointed by the State Commission rather than the Governor; except that the Secretary and Executive Director serving on June 30, 2010 may continue to serve for the remainder of their appointed terms. Includes savings provisions. Provides that the State Commission has the power to
appoint investigators. Provides that these investigators have
all the powers of peace officers solely for the purpose of
enforcing the Act, and may carry firearms if certain conditions are met. Provides that a mayor, a president of a village board of trustees, or a president of a county board may have a direct interest in the manufacture, sale, or distribution of alcoholic liquor, provided that he or she is not involved in law enforcement, abstains from hearings and actions involving alcoholic liquor, and delegates any authority over the manufacture, sale, or distribution of alcoholic liquor to another official in the jurisdiction. Makes other changes. Effective immediately.
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A BILL FOR
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HB4795 |
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LRB096 16345 ASK 31609 b |
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| AN ACT concerning liquor.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Liquor Control Act of 1934 is amended by | 5 |
| changing Section 6-2 and by adding Sections 3-15 and 3-16 as | 6 |
| follows: | 7 |
| (235 ILCS 5/3-15 new) | 8 |
| Sec. 3-15. Executive order provisions superseded. | 9 |
| (a) Executive Order No. 2003-9 is superseded by this | 10 |
| amendatory Act of the 96th General Assembly to the extent that | 11 |
| Executive Order No. 2003-9 (1) transfers certain "clerks, other | 12 |
| management and staff support or employees, and other resources | 13 |
| necessary for the operation of the Liquor Control Commission" | 14 |
| to the Department of Revenue, and (2) provides for the | 15 |
| Secretary and Executive Director of the State Commission to be | 16 |
| appointed by the Governor. | 17 |
| (b) Beginning July 1, 2010, the Secretary and Executive | 18 |
| Director of the State Commission shall be appointed by the | 19 |
| State Commission rather than the Governor; except that the | 20 |
| Secretary and Executive Director of the State Commission | 21 |
| serving on June 30, 2010 may continue to serve for the | 22 |
| remainder of their appointed terms. | 23 |
| (c) Beginning July 1, 2010, the State Commission may again |
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| obtain, employ, and administer clerks and other employees in | 2 |
| accordance with this Act. | 3 |
| On July 1, 2010, all clerk, employee, and management and | 4 |
| support staff positions that were transferred from the State | 5 |
| Commission to the Department of Revenue under Executive Order | 6 |
| No. 2003-9, including the persons serving in those positions on | 7 |
| June 30, 2010, are hereby transferred from the Department of | 8 |
| Revenue back to the State Commission; except that in the case | 9 |
| of an employee who performs both duties relating to the State | 10 |
| Commission and other duties, the employee is transferred under | 11 |
| this subsection only if a majority of the employee's time on | 12 |
| the job is usually spent performing duties relating to the | 13 |
| State Commission, or if the Director of Revenue otherwise | 14 |
| directs. | 15 |
| The status and rights of the employees transferred under | 16 |
| this Section, and of the State of Illinois and its agencies, | 17 |
| under the Personnel Code and applicable collective bargaining | 18 |
| agreements or under any pension, retirement, or annuity plan | 19 |
| shall not be affected by that transfer. | 20 |
| (d) On July 1, 2010, any remaining "other resources | 21 |
| necessary for the operation of the Liquor Control Commission" | 22 |
| that were transferred to the Department of Revenue for the | 23 |
| operation of the State Commission pursuant to Executive Order | 24 |
| No. 2003-9 shall be transferred by the Department of Revenue | 25 |
| back to the State Commission. | 26 |
| (e) All books, records, papers, documents, property (real |
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| and personal), contracts, causes of action, and pending | 2 |
| business pertaining to the persons, positions, or resources | 3 |
| transferred under this Section from the Department of Revenue | 4 |
| to the State Commission, including, but not limited to, | 5 |
| material in electronic or magnetic format and necessary | 6 |
| computer hardware and software, shall be transferred to the | 7 |
| State Commission. | 8 |
| (f) All unexpended and unobligated appropriations and | 9 |
| balances and other funds available on or after July 1, 2010 for | 10 |
| use by the Department of Revenue for the employees or positions | 11 |
| (or relating to the property) transferred under this Section | 12 |
| shall be transferred for use by the State Commission. An | 13 |
| unexpended appropriation so transferred shall be expended only | 14 |
| for the purpose for which the appropriation was originally | 15 |
| made. | 16 |
| (g) On July 1, 2010, any rules of the State Commission that | 17 |
| became rules of the Department of Revenue under Executive Order | 18 |
| No. 2003-9 shall again become the rules of the State Commission | 19 |
| with respect to the transferred employees. This amendatory Act | 20 |
| does not affect the legality of any such rules in the Illinois | 21 |
| Administrative Code. | 22 |
| (h) This Section does not affect any act done, ratified, or | 23 |
| canceled or any right occurring or established or any action or | 24 |
| proceeding had or commenced in an administrative, civil, or | 25 |
| criminal cause by the Department of Revenue before this Section | 26 |
| takes effect that relates to a person, position, resource, or |
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| property transferred under this Section. Any such action or | 2 |
| proceeding may be prosecuted and continued by the State | 3 |
| Commission. | 4 |
| (i) The other provisions of this Section do not apply to or | 5 |
| affect any employee, position, power, or duty of the Department | 6 |
| of Revenue that was unaffected by Executive Order No. 2003-9, | 7 |
| including without limitation those relating to the collection | 8 |
| of taxes. | 9 |
| (235 ILCS 5/3-16 new) | 10 |
| Sec. 3-16. Investigators. | 11 |
| (a) The State Commission has the power to
appoint | 12 |
| investigators to conduct all investigations,
searches, | 13 |
| seizures, arrests, and other duties imposed under the | 14 |
| provisions
of any law administered by the State Commission.
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| Except as provided in subsection (c), these investigators have
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| and
may exercise all the powers of peace officers solely for | 17 |
| the purpose of
enforcing this Act. | 18 |
| (b) The State Commission must authorize to each | 19 |
| investigator employed under this
Section and
to any other | 20 |
| employee of the State Commission exercising the powers of a | 21 |
| peace
officer a
distinct badge that, on its face, (i) clearly | 22 |
| states that the badge is
authorized
by the
State Commission and | 23 |
| (ii)
contains a unique identifying number.
No other badge shall | 24 |
| be authorized by
the State Commission. | 25 |
| (c) Notwithstanding any police powers granted to a State |
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| Commission investigator, an investigator may carry a firearm in | 2 |
| the performance of his or her duties as an investigator only if | 3 |
| all of the following conditions are met: | 4 |
| (1) the investigator possesses a valid Firearm Owner’s | 5 |
| Identification Card issued under the Firearm Owners | 6 |
| Identification Card Act; | 7 |
| (2) the investigator maintains firearms proficiency on | 8 |
| an annual basis as determined by the State Commission; and | 9 |
| (3) the investigator has either successfully completed | 10 |
| the 40-hour firearms training course of the Illinois Law | 11 |
| Enforcement Training Standards Board under the Peace | 12 |
| Officer Firearm Training Act or obtained a waiver from that | 13 |
| Training Board based on at least 3 years of experience as a | 14 |
| sworn police officer or graduation from a police academy | 15 |
| recognized by the Training Board.
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| (235 ILCS 5/6-2) (from Ch. 43, par. 120)
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| Sec. 6-2. Issuance of licenses to certain persons | 18 |
| prohibited.
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| (a) Except as otherwise provided in subsection (b) of this | 20 |
| Section and in paragraph (1) of subsection (a) of Section 3-12, | 21 |
| no license
of any kind issued by the State Commission or any | 22 |
| local
commission shall be issued to:
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| (1) A person who is not a resident of any city, village | 24 |
| or county in
which the premises covered by the license are | 25 |
| located; except in case of
railroad or boat licenses.
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| (2) A person who is not of good character and | 2 |
| reputation in the
community in which he resides.
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| (3) A person who is not a citizen of the United States.
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| (4) A person who has been convicted of a felony under | 5 |
| any Federal or
State law, unless the Commission determines | 6 |
| that such
person has been sufficiently rehabilitated to | 7 |
| warrant the public trust
after considering matters set | 8 |
| forth in such person's application and the
Commission's | 9 |
| investigation. The burden of proof of sufficient
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| rehabilitation shall be on the applicant.
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| (5) A person who has been convicted of being the keeper | 12 |
| or is keeping a
house of ill fame.
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| (6) A person who has been convicted of pandering or | 14 |
| other crime or
misdemeanor opposed to decency and morality.
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| (7) A person whose license issued under this Act has | 16 |
| been revoked for
cause.
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| (8) A person who at the time of application for renewal | 18 |
| of any license
issued hereunder would not be eligible for | 19 |
| such license upon a first
application.
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| (9) A copartnership, if any general partnership | 21 |
| thereof, or any
limited partnership thereof, owning more | 22 |
| than 5% of the aggregate limited
partner interest in such | 23 |
| copartnership would not be eligible to receive a
license | 24 |
| hereunder for any reason other than residence within the | 25 |
| political
subdivision, unless residency is required by | 26 |
| local ordinance.
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| (10) A corporation or limited liability company, if any | 2 |
| member, officer, manager or director thereof, or
any | 3 |
| stockholder or stockholders owning in the aggregate more | 4 |
| than 5% of the
stock of such corporation, would not be | 5 |
| eligible to receive a license
hereunder for any reason | 6 |
| other than citizenship and residence within the
political | 7 |
| subdivision.
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| (10a) A corporation or limited liability company | 9 |
| unless it is incorporated or organized in Illinois, or | 10 |
| unless it
is a foreign corporation or foreign limited | 11 |
| liability company which is qualified under the Business
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| Corporation Act of 1983 or the Limited Liability Company | 13 |
| Act to transact business in Illinois. The Commission shall | 14 |
| permit and accept from an applicant for a license under | 15 |
| this Act proof prepared from the Secretary of State's | 16 |
| website that the corporation or limited liability company | 17 |
| is in good standing and is qualified under the Business
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| Corporation Act of 1983 or the Limited Liability Company | 19 |
| Act to transact business in Illinois.
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| (11) A person whose place of business is conducted by a | 21 |
| manager or agent
unless the manager or agent possesses the | 22 |
| same qualifications required by
the licensee.
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| (12) A person who has been convicted of a violation of | 24 |
| any Federal or
State law concerning the manufacture, | 25 |
| possession or sale of alcoholic
liquor, subsequent to the | 26 |
| passage of this Act or has forfeited his bond to
appear in |
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| court to answer charges for any such violation.
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| (13) A person who does not beneficially own the | 3 |
| premises for which a
license is sought, or does not have a | 4 |
| lease thereon for the full period for
which the license is | 5 |
| to be issued.
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| (14) Any law enforcing public official, including | 7 |
| members
of local liquor control commissions,
any mayor, | 8 |
| alderman, or member of the
city council or commission, any | 9 |
| president of the village board of trustees,
any member of a | 10 |
| village board of trustees, or any president or member of a
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| county board; and no such official shall have a direct | 12 |
| interest in the
manufacture, sale, or distribution of | 13 |
| alcoholic liquor, except that a
license
may be granted to | 14 |
| such official in relation to premises that are
not
located | 15 |
| within the territory subject to the jurisdiction of that | 16 |
| official
if the issuance of such license is approved by the | 17 |
| State Liquor Control
Commission
and except that a license | 18 |
| may be granted, in a city or village with a
population of | 19 |
| 50,000 or less, to any alderman, member of a city council, | 20 |
| or
member of a village board of trustees in relation to | 21 |
| premises that are located
within the territory
subject to | 22 |
| the jurisdiction of that official if (i) the sale of | 23 |
| alcoholic
liquor pursuant to the license is incidental to | 24 |
| the selling of food, (ii) the
issuance of the license is | 25 |
| approved by the State Commission, (iii) the
issuance of the | 26 |
| license is in accordance with all applicable local |
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| ordinances
in effect where the premises are located, and | 2 |
| (iv) the official granted a
license does not vote on | 3 |
| alcoholic liquor issues pending before the board or
council | 4 |
| to which the license holder is elected. Notwithstanding any | 5 |
| provision of this paragraph (14) to the contrary, a mayor, | 6 |
| an alderman or member of a city council or commission, a | 7 |
| member or president of a village board of trustees other | 8 |
| than the president of the village board of trustees , or a | 9 |
| member or president of a county board other than the | 10 |
| president of a county board may have a direct interest in | 11 |
| the manufacture, sale, or distribution of alcoholic liquor | 12 |
| as long as he or she is not a law enforcing public | 13 |
| official , a mayor, a village board president, or president | 14 |
| of a county board . To prevent any conflict of interest, the | 15 |
| elected official with the direct interest in the | 16 |
| manufacture, sale, or distribution of alcoholic liquor | 17 |
| cannot participate in any meetings, hearings, or decisions | 18 |
| on matters impacting the manufacture, sale, or | 19 |
| distribution of alcoholic liquor ; and in the case of a | 20 |
| mayor, village board president, or president of a county | 21 |
| board, he or she must delegate any authority that he or she | 22 |
| has over the manufacture, sale, or distribution of | 23 |
| alcoholic liquor pursuant to any State statute or county or | 24 |
| municipal ordinance, to another municipal, village, or | 25 |
| county official in the jurisdiction over which he or she | 26 |
| presides .
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| (15) A person who is not a beneficial owner of the | 2 |
| business to be
operated by the licensee.
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| (16) A person who has been convicted of a gambling | 4 |
| offense as
proscribed by any of subsections (a) (3) through | 5 |
| (a)
(11) of
Section 28-1 of, or as
proscribed by Section | 6 |
| 28-1.1 or 28-3 of, the Criminal Code of
1961, or as | 7 |
| proscribed by a
statute
replaced by any of the aforesaid | 8 |
| statutory provisions.
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| (17) A person or entity to whom a federal wagering | 10 |
| stamp has been
issued by the
federal government, unless the | 11 |
| person or entity is eligible to be issued a
license under | 12 |
| the Raffles Act or the Illinois Pull Tabs and Jar Games | 13 |
| Act.
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| (18) A person who intends to sell alcoholic liquors for | 15 |
| use or
consumption on his or her licensed retail premises | 16 |
| who does not have liquor
liability insurance coverage for | 17 |
| that premises in an amount that is at least
equal to the | 18 |
| maximum liability amounts set out in subsection (a) of | 19 |
| Section
6-21.
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| (b) A criminal conviction of a corporation is not grounds | 21 |
| for the
denial, suspension, or revocation of a license applied | 22 |
| for or held by the
corporation if the criminal conviction was | 23 |
| not the result of a violation of any
federal or State law | 24 |
| concerning the manufacture, possession or sale of
alcoholic | 25 |
| liquor, the offense that led to the conviction did not result | 26 |
| in any
financial gain to the corporation and the corporation |
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| has terminated its
relationship with each director, officer, | 2 |
| employee, or controlling shareholder
whose actions directly | 3 |
| contributed to the conviction of the corporation. The
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| Commission shall determine if all provisions of this subsection | 5 |
| (b) have been
met before any action on the corporation's | 6 |
| license is initiated.
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| (Source: P.A. 94-5, eff. 6-3-05; 94-289, eff. 1-1-06; 94-381, | 8 |
| eff. 7-29-05; 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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